Use this security deposit guide to build a clear demand letter for Madison.
Madison Security Deposit Rights: Your Complete Wisconsin Guide
Getting your security deposit back from a Madison landlord shouldn't be a battle, but it often is. Wisconsin has specific laws governing security deposits that provide substantial protections for tenants, yet many Madison landlords either don't know these rules or choose to ignore them. Whether you rented a studio apartment near the UW-Madison campus, a house in the Atwood neighborhood, or a unit in one of the newer developments on the west side, the same state laws protect your right to receive your deposit back.
Wisconsin's security deposit statute, found primarily in Wisconsin Administrative Code ATCP 134.06, is one of the more tenant-friendly in the Midwest. The law imposes strict deadlines on landlords, requires itemized statements of any deductions, limits what landlords can deduct for, and provides real penalties when landlords violate these rules. Understanding these protections is your first step toward recovering the money you're owed.
Madison's rental market is intensely competitive, driven by the large University of Wisconsin student population, state government workers, and a growing tech sector. This high demand sometimes leads landlords to adopt aggressive practices, including wrongfully withholding security deposits. Common issues include landlords charging for normal wear and tear, inflating cleaning or repair costs, failing to provide proper itemization, or simply ignoring the 21-day return deadline. These practices violate Wisconsin law, and tenants have powerful legal remedies available.
This comprehensive guide will walk you through Wisconsin's security deposit laws, explain your rights as a Madison tenant, provide step-by-step instructions for demanding your deposit back, identify critical deadlines, and help you understand what to do when landlords refuse to comply. With knowledge of the law and proper documentation, you can effectively advocate for the return of your money and hold bad-faith landlords accountable.
Wisconsin Security Deposit Laws: Your Legal Foundation
Wisconsin provides tenants with substantial security deposit protections through state statutes and administrative rules. Understanding this legal framework is essential for Madison tenants seeking the return of their deposits.
**Wisconsin Administrative Code ATCP 134 - Residential Rental Practices**
The primary law governing security deposits in Wisconsin is Wisconsin Administrative Code ATCP 134, enforced by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Key provisions include:
**ATCP 134.06(2) - The 21-Day Rule**
This is the most important deadline for security deposits. Landlords must return the security deposit within **21 days** after the tenant surrenders the premises (returns keys and vacates). If the landlord makes deductions, they must also provide an itemized statement of the amounts withheld and the reasons for each deduction within this same 21-day period. Failure to meet this deadline can result in the landlord forfeiting the right to make any deductions.
**ATCP 134.06(3) - Itemization Requirements**
Any deductions from the security deposit must be itemized in writing. The statement must identify:
- The specific amounts deducted
- The specific reasons for each deduction
- Any amounts refunded
General statements like "cleaning" or "damages" without specifics don't satisfy this requirement. The landlord must describe what was cleaned or what damage was repaired.
**ATCP 134.06(3)(a) - What Landlords Can Deduct**
Landlords may only deduct from security deposits for:
1. Tenant damage to the premises beyond normal wear and tear
2. Unpaid rent or other amounts owed under the lease
3. Actual costs for cleaning, but only to restore the premises to the condition at move-in, accounting for normal wear and tear
**ATCP 134.06(3)(b) - What Landlords Cannot Deduct**
Landlords cannot deduct for:
1. Normal wear and tear
2. Pre-existing conditions that weren't caused by the tenant
3. Painting costs unless the tenant damaged the paint beyond normal use
4. Carpet replacement due to normal wear (though stains or damage beyond wear may be deductible)
**Wisconsin Statutes Section 704.28 - Security Deposit Provisions**
This statute reinforces security deposit protections and works in conjunction with ATCP 134. It establishes that:
- Security deposits cannot exceed the equivalent of one month's rent for most residential tenancies (some exceptions exist)
- The landlord holds the deposit in trust for the tenant
- Interest may be required on deposits held longer than one year in certain circumstances
**The Normal Wear and Tear Standard**
Normal wear and tear is deterioration that occurs naturally from ordinary residential use. Wisconsin law protects tenants from being charged for this expected deterioration. Examples include:
Normal wear and tear (cannot be deducted):
- Minor scuffs on walls from furniture
- Worn carpet in high-traffic areas
- Faded paint or wallpaper from sunlight
- Minor nail holes from hanging pictures
- Worn finish on door handles
- Light scratches on floors from normal use
Tenant damage (can be deducted):
- Large holes in walls
- Stained carpet from spills or pet accidents
- Broken windows or fixtures
- Unauthorized modifications
- Excessive dirt requiring professional cleaning beyond normal turnover cleaning
- Burns, tears, or other damage from misuse
**ATCP 134.06(4) - Penalties for Violations**
Landlords who violate security deposit rules face significant penalties:
- Double the amount wrongfully withheld
- Court costs and reasonable attorney's fees
- DATCP enforcement actions
**Check-In/Check-Out Inspection Rights**
While Wisconsin law doesn't require landlords to conduct formal move-in/move-out inspections, ATCP 134.06(1) requires landlords to disclose any pre-existing damage at the start of the tenancy. Smart tenants document the condition at move-in and move-out regardless of whether the landlord participates.
**Madison-Specific Considerations**
While state law governs security deposits uniformly across Wisconsin, Madison tenants benefit from active local enforcement. The Tenant Resource Center in Madison provides substantial assistance with security deposit disputes, and Madison's rental culture includes many informed tenants who successfully challenge wrongful withholding. DATCP's consumer protection offices are headquartered in Madison, making complaint filing convenient for local residents.
**Small Claims Court Jurisdiction**
Security deposit disputes can be brought in Wisconsin Small Claims Court if the amount in dispute is $10,000 or less. Given that most security deposits are one month's rent or less, small claims court is the appropriate venue for most disputes. The Dane County Small Claims Court is located at the Dane County Courthouse.
Step-by-Step Guide to Recovering Your Madison Security Deposit
Successfully recovering your security deposit from a Madison landlord requires systematic action and proper documentation. Follow these steps to maximize your chances of getting your money back:
**Step 1: Document the Move-In Condition**
Before you even move in, thoroughly document the condition of the rental:
- Take timestamped photos of every room, including walls, floors, ceilings, fixtures, and appliances
- Video the entire unit, narrating any existing damage
- Complete any move-in checklist provided by the landlord
- If no checklist is provided, create your own and send a copy to the landlord
- Note pre-existing conditions in writing and keep a copy
This documentation is your baseline for proving you didn't cause damage.
**Step 2: Review Your Lease for Deposit Terms**
Carefully review your lease agreement to understand:
- The amount of your security deposit
- Any specified move-out requirements (cleaning standards, notice periods)
- Whether non-refundable fees were charged separately from the security deposit
- Key return procedures
- The landlord's contact information and mailing address
**Step 3: Give Proper Notice Before Moving Out**
Most Wisconsin leases require advance notice before termination:
- Month-to-month tenancies require 28 days' notice
- Fixed-term leases typically end on the specified date without notice, but check your lease
- Provide notice in writing and keep a copy
- Include your forwarding address so the landlord can mail your deposit
**Step 4: Clean and Prepare the Unit**
Before vacating:
- Clean the entire unit thoroughly (or hire professional cleaners and keep the receipt)
- Remove all personal belongings and trash
- Repair any damage you caused (keep receipts)
- Return the unit to the same condition as move-in, accounting for normal wear and tear
- Take photos and video after cleaning to document the condition when you left
**Step 5: Conduct a Move-Out Walk-Through**
If possible, schedule a walk-through with your landlord:
- Request the walk-through in writing
- Have the landlord identify any concerns during the walk-through
- Get any noted issues in writing
- Take photos/video during the walk-through
- If the landlord won't participate, document the condition yourself with witnesses if possible
**Step 6: Return Keys and Officially Vacate**
The 21-day return deadline starts when you "surrender" the premises:
- Return all keys, garage openers, and access devices
- Get written confirmation of key return with the date
- Provide your forwarding address in writing
- Note the exact date and time you returned keys
**Step 7: Calculate Your 21-Day Deadline**
From the date you surrendered the premises, count 21 days. Mark this deadline on your calendar. Your landlord must mail or deliver your deposit and any required itemization by this date.
**Step 8: If You Receive Your Full Deposit**
Congratulations! Keep records of the refund for your files. Your matter is resolved.
**Step 9: If You Receive a Partial Refund with Deductions**
Review the itemized statement carefully:
- Were deductions itemized with specific amounts and reasons?
- Are the deductions for actual damage beyond normal wear and tear?
- Do the charges seem reasonable compared to actual costs?
- Did you cause the claimed damage, or was it pre-existing?
If the deductions seem improper, move to Step 11.
**Step 10: If You Receive Nothing or No Itemization**
If the 21-day deadline passes without receiving your deposit or proper itemization:
- The landlord may have forfeited the right to make deductions
- You are entitled to the full deposit plus potential double damages
- Move to Step 11
**Step 11: Send a Formal Demand Letter**
Prepare a formal demand letter that includes:
- Your name, former address, and current mailing address
- The amount of your security deposit
- The date you surrendered the premises
- The 21-day deadline date
- Whether you received nothing, inadequate itemization, or improper deductions
- Specific Wisconsin laws violated (cite ATCP 134.06)
- Your demand for the full deposit (or improperly deducted amount) plus double damages
- A deadline for response (typically 14-21 days)
- A statement that you will file a complaint with DATCP and pursue legal action if necessary
Send via USPS Certified Mail with Return Receipt Requested and keep a copy.
**Step 12: File a DATCP Complaint**
File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection:
- Online at datcp.wi.gov
- By phone at (800) 422-7128
- By mail to DATCP Consumer Protection, 2811 Agriculture Drive, Madison, WI 53708
Include copies of your lease, move-in/move-out documentation, correspondence, and demand letter.
**Step 13: File in Small Claims Court**
If the landlord doesn't respond satisfactorily to your demand letter:
- File a small claims action at Dane County Courthouse
- Filing fee is approximately $94.50 to $164.50 depending on the amount
- Request your deposit plus double damages under ATCP 134.06(4)
- Include court costs in your claim
- Organize all your documentation for presentation at the hearing
Essential Evidence for Madison Security Deposit Claims
Strong documentation is crucial for winning security deposit disputes in Madison. Wisconsin courts and DATCP evaluate claims based on the evidence presented. Here's what you need to gather and preserve:
**1. Move-In Documentation**
This is your baseline proof of the unit's condition when you took possession:
**2. Move-Out Documentation**
This proves the condition in which you left the unit:
**3. Lease and Rental Documents**
**4. Notice and Surrender Documentation**
**5. Post-Move-Out Communications**
**6. Financial Documentation**
**7. Evidence Disputing Specific Deductions**
For each deduction you're disputing, gather evidence:
**8. Comparison Evidence**
Side-by-side comparisons are powerful:
**9. Third-Party Evidence**
**10. Legal Reference Materials**
**Organization Best Practices**
This documentation will be essential when filing with DATCP, negotiating with your landlord, or presenting your case in small claims court. The more thorough your records, the stronger your position.
Critical Deadlines for Wisconsin Security Deposit Claims
Meeting deadlines is crucial for security deposit recovery in Wisconsin. Missing key dates can affect your rights and remedies. Here are the critical timelines:
**The 21-Day Return Deadline - ATCP 134.06(2)**
This is the most critical deadline in Wisconsin security deposit law:
If there's a dispute about when you surrendered, documentation of key return becomes crucial.
**Consequences of Missing the 21-Day Deadline**
**Tenant Notice Deadlines**
Before moving out, you may need to give notice depending on your tenancy:
**Forwarding Address Deadline**
**Demand Letter Timeline**
After the 21-day deadline passes without proper return:
**DATCP Complaint Timeline**
**Small Claims Court Deadlines**
**Key Timeline Summary**
| Event | Deadline |
|-------|----------|
| Tenant gives notice to vacate | Per lease or 28 days for month-to-month |
| Tenant surrenders premises | Returns keys and vacates |
| Landlord returns deposit/itemization | 21 days from surrender |
| Tenant sends demand letter | Promptly after 21-day deadline |
| Landlord responds to demand | 14-21 days from demand |
| DATCP complaint filed | As soon as violation known |
| Small claims lawsuit filed | Within 3 years of violation |
**Best Practices for Deadline Management**
Common Mistakes to Avoid in Madison Security Deposit Claims
Madison tenants often make preventable mistakes that weaken their security deposit claims. Learning from these common errors can significantly improve your chances of recovery.
**Mistake 1: Not Documenting Move-In Condition**
Many tenants fail to thoroughly document the rental unit's condition when they move in. Without baseline photos and notes, it becomes your word against the landlord's about whether damage was pre-existing. Take comprehensive photos and video before you move any belongings in, and send a written summary to the landlord for acknowledgment.
**Mistake 2: Not Getting Written Confirmation of Key Return**
The 21-day deadline starts when you "surrender" the premises by returning keys. If there's no documentation of when you returned keys, landlords may claim they received them later than they did. Always get written confirmation with the date, even if it's just a text message or email acknowledging receipt.
**Mistake 3: Providing No Forwarding Address**
While landlords should make reasonable efforts to return deposits, failing to provide a forwarding address gives them an argument that they couldn't return your money. Provide your new address in writing at move-out, and keep a copy.
**Mistake 4: Not Cleaning Thoroughly**
Some tenants leave units dirty, assuming the landlord will deduct for cleaning anyway. Cleaning costs can be legitimate deductions if the unit isn't reasonably clean. Clean thoroughly, take photos proving it, and consider keeping professional cleaning receipts.
**Mistake 5: Making Unauthorized Repairs or Modifications**
Well-intentioned tenants sometimes try to "fix" things before moving out but end up causing different damage or making changes the landlord didn't authorize. Unless you're correcting damage you caused, don't make modifications. Landlords can deduct for removing unauthorized changes.
**Mistake 6: Accepting Verbal Promises About the Deposit**
Landlords sometimes make verbal promises about returning deposits or not deducting for certain issues. These promises are difficult to enforce. Get any agreements in writing, especially if the landlord says they'll return the full deposit.
**Mistake 7: Not Understanding Normal Wear and Tear**
Many tenants accept deductions for what is actually normal wear and tear because they don't know the difference. Faded paint, worn carpet in traffic areas, and minor scuffs are normal wear that landlords cannot deduct for. Know the distinction and challenge improper deductions.
**Mistake 8: Waiting Too Long to Act**
Some tenants wait months before pursuing their deposit, hoping the landlord will eventually pay. This delay can weaken your case - memories fade, evidence becomes harder to gather, and it may appear you didn't care about the deposit. Act within days of the 21-day deadline passing.
**Mistake 9: Not Sending a Formal Demand Letter**
Many tenants only communicate informally (texts, calls) about their deposit. A formal demand letter sent via certified mail creates a legal record and demonstrates seriousness. It's often required before pursuing certain legal remedies and shows the court you attempted resolution.
**Mistake 10: Not Filing with DATCP**
The Wisconsin Department of Agriculture, Trade and Consumer Protection specifically handles security deposit violations. Filing a complaint is free, creates an official record, and can result in enforcement action. Many tenants skip this step and miss out on a powerful tool.
**Mistake 11: Accepting Landlord's Word on Repair Costs**
Landlords sometimes inflate repair costs or charge for work that wasn't actually done. Tenants may accept these figures without questioning them. Ask for receipts or documentation of actual costs. Get independent quotes for comparable repairs if the charges seem excessive.
**Mistake 12: Giving Up Too Easily**
Some tenants send one demand letter, get no response, and give up. Recovery often requires persistence through demand letters, DATCP complaints, and potentially small claims court. Given that Wisconsin allows double damages plus attorney fees for violations, pursuing your claim is often worthwhile.
**Mistake 13: Not Knowing About Double Damages**
Many tenants don't realize that Wisconsin law allows recovery of double the amount wrongfully withheld, plus costs and attorney fees. This penalty provision gives you significant leverage in negotiations. Include the double damages demand in your letter.
**Mistake 14: Representing Yourself Poorly in Court**
If you file in small claims court, poor presentation can lose a winnable case. Organize your evidence clearly, prepare a timeline of events, bring copies for the judge and landlord, and practice explaining your case concisely. Consider consulting with Tenant Resource Center before your hearing.
**Mistake 15: Not Keeping Records After Moving**
Tenants sometimes discard lease documents and records after moving out, then can't prove their case months later when the dispute remains unresolved. Keep all records for at least three years (the statute of limitations for ATCP violations).
Frequently Asked Questions About Security Deposits in Madison
Under Wisconsin Administrative Code ATCP 134.06(2), landlords must return your security deposit within 21 days after you surrender the premises (return keys and vacate). If the landlord makes any deductions, they must also provide an itemized statement explaining each deduction within this same 21-day period. If the landlord misses this deadline, they may forfeit the right to make deductions and could be liable for double damages.
No. Wisconsin law specifically prohibits landlords from deducting for normal wear and tear, which is deterioration that occurs naturally from ordinary residential use. Examples of normal wear include minor scuffs on walls, worn carpet in high-traffic areas, faded paint, and light scratches on floors. Landlords can only deduct for actual damage beyond normal wear and tear, unpaid rent, or costs to restore the unit to its move-in condition (accounting for normal wear).
If your landlord fails to return your deposit or provide proper itemization within 21 days, you should: (1) Send a formal demand letter via certified mail demanding the full deposit plus double damages under ATCP 134.06(4); (2) File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) at (800) 422-7128 or datcp.wi.gov; (3) If the landlord still doesn't pay, file a claim in Wisconsin Small Claims Court for up to $10,000. You may be entitled to double the amount wrongfully withheld.
Under Wisconsin Statutes Section 704.28, landlords generally cannot require a security deposit exceeding one month's rent. However, there are some exceptions and variations. Some landlords may try to charge additional fees labeled differently, but if they function as security deposits (held against potential damage), they should be subject to the same limits. Any deposits above the legal limit may be recoverable.
Yes. Under ATCP 134.06(4), if a landlord violates the security deposit rules (fails to return within 21 days, fails to properly itemize, or wrongfully withholds amounts), you may recover double the amount wrongfully withheld, plus court costs and reasonable attorney's fees. This penalty provision creates significant leverage when negotiating with landlords and makes pursuing smaller deposit disputes worthwhile.
While it's not a legal prerequisite to receiving your deposit, providing a forwarding address in writing is strongly advisable. It eliminates any landlord argument that they couldn't locate you to return the deposit. Provide your new address in your notice to vacate and confirm it in writing when you return keys. Keep a copy of this communication as evidence.
If your landlord deducts for damage you didn't cause, you should dispute it with evidence. Your move-in documentation showing the pre-existing condition is crucial. Send a demand letter explaining that the claimed damage existed at move-in (or is normal wear and tear), include copies of your evidence, and demand return of the deducted amount. If the landlord refuses, file a DATCP complaint and consider small claims court. The burden of proof in disputes often falls on landlords to show the tenant caused the damage.
Filing fees for small claims court in Dane County are approximately $94.50 for claims under $5,000 and $164.50 for claims between $5,000 and $10,000. Since most security deposits are one month's rent, most cases fall in the lower fee category. If you win your case, you can typically recover the filing fee as part of your court costs in addition to your deposit and potential double damages.
What to Expect When Settling Security Deposit Disputes in Madison
Understanding the settlement process helps Madison tenants approach security deposit disputes with realistic expectations. Most disputes can be resolved without going to court, but knowing all your options strengthens your negotiating position.
**Typical Resolution Paths**
Security deposit disputes in Madison typically resolve through one of several paths:
1. *Direct negotiation:* After you send a demand letter, the landlord agrees to return some or all of the deposit.
2. *DATCP mediation:* The Department of Agriculture, Trade and Consumer Protection contacts the landlord, and a resolution is reached through their intervention.
3. *Small claims court:* You file a lawsuit, and either the landlord settles before the hearing or a judge decides the case.
**Landlord Response Patterns**
After receiving your demand letter, landlords typically respond in one of these ways:
*Full payment:* The landlord realizes they violated the law and sends the full deposit (sometimes plus double damages if you demanded it strongly).
*Partial payment with explanation:* The landlord offers to return part of the deposit while maintaining some deductions are valid. This often leads to negotiation.
*Counterclaim threats:* Some landlords threaten to sue for additional damages. In most cases, this is a bluff - if they had legitimate claims, they would have deducted them already.
*No response:* The landlord ignores your demand, requiring escalation to DATCP and/or court.
**Realistic Settlement Amounts**
*Full deposit return:* If the landlord clearly violated the 21-day rule or made improper deductions, you have strong leverage for full return. Many landlords will pay to avoid double damages exposure.
*Deposit plus double damages:* Wisconsin law allows double damages for violations. Some landlords will settle for 1.5x to 2x the wrongfully withheld amount to avoid court, especially if the violation is clear.
*Negotiated settlement:* For disputed deductions where both sides have arguments, settling for return of some of the contested amount is common.
**DATCP's Role**
When you file a DATCP complaint:
- DATCP reviews your complaint and may contact the landlord
- They attempt to mediate a resolution
- For clear violations, landlords often settle quickly once DATCP is involved
- DATCP may take enforcement action for egregious or repeat violations
- The complaint creates an official record useful for court if needed
**Small Claims Court Realities**
If you file in Dane County Small Claims Court:
- You'll pay a filing fee ($94.50-$164.50)
- A hearing is typically scheduled within 30-60 days
- You present your evidence; the landlord presents theirs
- A judge or court commissioner decides based on the evidence
- If you win, you receive a judgment - collecting may require additional steps if the landlord doesn't pay voluntarily
**Pre-Trial Settlement**
Many cases settle before the hearing. Once landlords receive court papers, they often reassess their position and offer to settle. Be prepared to negotiate, but don't accept less than you're entitled to just to avoid the hearing.
**What Courts Look For**
Judges in security deposit cases focus on:
- Did the landlord return the deposit within 21 days?
- Did the landlord provide proper itemization?
- Are the deductions for actual damage beyond normal wear?
- Did the tenant document the move-in and move-out condition?
- What evidence supports each side's claims?
Strong documentation almost always wins the day.
**Using Tenant Resource Center**
Madison's Tenant Resource Center can help you:
- Understand your rights and options
- Review your documentation
- Prepare demand letters
- Understand the court process
- Connect with legal resources if needed
Contact them at (608) 257-0006.
Madison Security Deposit Resources and Contacts
Madison tenants have access to numerous resources for security deposit disputes:
**Tenant Resource Center**
Madison's primary resource for tenant assistance, providing free information and counseling.
- Phone: (608) 257-0006
- Address: 1202 Williamson Street, Madison, WI 53703
- Website: tenantresourcecenter.org
- Services: Security deposit counseling, demand letter assistance, court preparation
**Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)**
State agency that enforces ATCP 134 security deposit rules.
- Consumer Protection Hotline: (800) 422-7128
- Madison Office: 2811 Agriculture Drive, Madison, WI 53708
- Website: datcp.wi.gov
- Online Complaint Form: Available on website
- Services: Complaint investigation, mediation, enforcement
**Dane County Small Claims Court**
Handles security deposit disputes up to $10,000.
- Location: Dane County Courthouse, 215 South Hamilton Street, Madison, WI 53703
- Phone: (608) 266-4311
- Filing Fees: Approximately $94.50 (under $5,000) to $164.50 ($5,000-$10,000)
- Hours: Monday-Friday, 8:00 AM - 4:30 PM
**Legal Aid Society of Dane County**
Provides free legal assistance to income-qualifying residents.
- Phone: (608) 233-0023
- Website: www.legalaction.org
- Services: Legal advice and representation for qualifying tenants
**Wisconsin State Bar Lawyer Referral Service**
Connects tenants with attorneys for consultations.
- Phone: (800) 362-9082
- Website: wisbar.org
**UW Law School Clinics**
May provide assistance through clinical programs.
- Phone: (608) 262-1002
- Website: law.wisc.edu
**Community Justice, Inc.**
Offers mediation and dispute resolution services.
- Phone: (608) 268-7004
- Website: communityjusticeinc.org
**Madison City Clerk's Office**
May assist with questions about local landlord registration and complaints.
- Phone: (608) 266-4601
- Website: cityofmadison.com
**Wisconsin Court System Self-Help**
Provides forms and information for self-represented litigants.
- Website: wicourts.gov/services/public/selfhelp
- Small claims forms and instructions available online
**Useful Online Resources:**
- Wisconsin ATCP 134 Full Text: docs.legis.wisconsin.gov
- DATCP Security Deposit Information: datcp.wi.gov/Consumer/Landlord_Tenant
- Tenant Resource Center Fact Sheets: tenantresourcecenter.org
**Document Template Locations:**
The Tenant Resource Center provides sample demand letters and other document templates for security deposit disputes. Visit their office or website for current materials.
The Rules They Don't Want You to Know
The Clock is Your Weapon
Most states give landlords 21-30 days to return your deposit or provide an itemized list of deductions. Know your state's deadline.
Document Everything
Photos, videos, inspection reports – evidence is king. Got proof? Use it.
Make Them Show Their Math
They can't just pocket your cash. Demand itemized deductions. No receipts? Demand a full refund.
The Security Deposit Power Play
Many states allow for double or triple damages for bad faith retention. Know the law, and don't be afraid to use it.
Wisconsin Security Deposit Laws
Applicable Laws
- Wis. Stat. § 704.28
- ATCP 134
Small Claims Limit
$10,000
Consumer Protection Agency
Wisconsin Department of Agriculture Consumer Protection
Security Deposit Real Talk
When do I send my demand letter?
Day after their legal deadline expires. Not a day later. They're banking on your hesitation.
What if they ghost me?
That's when it gets interesting. Document everything and head to small claims court. The judge won't be impressed by their silence.
What's normal wear and tear?
Minor scuffs, small nail holes, faded paint, worn carpet in traffic areas. Not normal: holes in walls, stains, broken fixtures, or pet damage.
Can they deduct for professional cleaning?
Only if you left the place dirtier than when you moved in. Normal cleaning isn't your responsibility if you left it reasonably clean.
What if I didn't do a move-in inspection?
Makes it harder to dispute pre-existing damage, but not impossible. Photos from online listings, previous tenant testimony, or property age can help.
How much can I sue for?
The deposit amount plus penalties. Many states award 2x or 3x damages for bad faith retention, plus court costs and sometimes attorney fees.
What if my landlord sold the property?
The new owner typically inherits deposit obligations. Both old and new owners may be liable. Check your state's transfer requirements.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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